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Business > Business 125 Ch. 1 test > Flashcards

Business 125 Ch. 1 test Flashcards

1
Q

Law

A

Enforceable rules governing relationships among individuals and society

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2
Q

Primary Source of Law

A

Sources that establish the law like the constitution, a statute, or an administrative rule

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3
Q

Secondary Sources of Law

A

A publication that summarizes or interprets the law, like a legal encyclopedia or article in a law review

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4
Q

Constitutional Law

A

Law derived from the constitution and constitutions of various states

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5
Q

Statutory Law

A

The body of law enacted by legislative bodies like a statute

-Not constitutional law

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6
Q

Citation

A

A reference to a publication where a legal authority like a statute or court decision can be found

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7
Q

Ordinance

A

A regulation enacted by a municipal, city, or county legislative body that becomes part of that states statutory law

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8
Q

Uniform Law

A

A model law developed by the NCCUSL for states to consider adopting or rewriting and then adopting

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9
Q

Administrative Law

A

The body of law created by administrative agencies in order to carry out their duty

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10
Q

Administrative Agency

A

A federal, state, or local government agency created to preform a certain function, such as make laws pertaining to the environment

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11
Q

Enabling Legislation

A

A statute from Congress that authorizes the creation of a administrative agency and what its for

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12
Q

Adjudicate

A

A judicial decision that resolves disputes with administrative agencies

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13
Q

Administrative Process

A

The procedure used by administrative agencies in administering the law

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14
Q

Rulemaking

A

The process in which an administrative agency formulates new regulations

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15
Q

Legislative Rule

A

An administrative agencies rule that carries the same weight as congressionally enacted statutes

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16
Q

Interpretive Rule

A

Rules that specify how administrative agencies will interpret and apply its regulations

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17
Q

Supremacy Clause

A

Article 6 of the constitution that says its the supreme law of the land.
Establishes federal law as the most powerful, even over states

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18
Q

Preemption

A

A doctrine under which certain federal laws take precedence over state laws

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19
Q

Equal Protection Clause

A

Your Rights being violated
the state may not “deny to any person within its jurisdiction the equal protection of the laws”
The provision under the 14th amendment that requires state governments to treat similarly situated individuals in a similar manner

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20
Q

Strict Scrutiny Test

A

If a law or action inhibits some person from a fundamental right, it will be subject to strict scrutiny by the courts
Unconstitutional or illegal discrimination

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21
Q

Intermediate Scrutiny Test

A

Cases involving discrimination based on gender or legitimacy.
Must be substantially related to government objectives

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22
Q

The Rational Basis Test

A

Matters of economic and social welfare
Classification will be considered if there is a rational basis of which the issue can be related to important government objectives

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23
Q

Stare Decisis

A

“To stand on decided cases”

Referencing former cases to decide new ones

24
Q

Commerce Clause

A

Allows Congress to regulate inter-state commerce

Power getting smaller

25
Q

Remedy

A

The relief given to an innocent party to enforce a right or compensate for a violation of a right

26
Q

Remedies at Law

A

Remedies of economic compensation

27
Q

Remedies in Equity

A

Supplies a remedy when no remedies at law are suitable

28
Q

The Bill of Rights

A

First 10 amendments to the constitution

29
Q

First Amendment

A

Freedom of religion, speech, and the press and the right to assemble peacefully and to petition government

30
Q

Second Amendment

A

The right to keep and bear arms

31
Q

Third Amendment

A

Prohibits the lodging of soldiers in any house without consent of the owner

32
Q

Fourth Amendment

A

Prohibits unreasonable searches and seizures of persons or properties

33
Q

Fifth Amendment

A

Right to trial
Due process
Fair payment of private property when taken for public use
Prohibits self-incrimination and double jeopardy

34
Q

Tenth Amendment

A

Establishes the powers not delegated by the federal government or denied to the states, reserved for the states

35
Q

Criminal Action Law

A

Law that addresses and punishes wrongful actions committed against the public

36
Q

Civil Action Law

A

Law that deals with the definition and enforcement of all private or public rights as opposed to criminal action

37
Q

Civil Law System

A

Law derived from Romans based on codified laws

38
Q

Symbolic Speech

A

Nonverbal expressions of beliefs

Like a article of clothing or expressive conduct

39
Q

Compelling Government Interest

A

A test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights, such as free speech

40
Q

Commercial Speech Valid if

A
  1. Seeks to implement a substantial government interest
  2. Directly advances that interest
  3. Goes no further than necessary to accomplish its objective
41
Q

Corporate Political Speech valid?

A

yes

42
Q

Police Powers

A

Powers possessed by the states to protect or promote the public order, health, safety, moral, and general welfare

43
Q

Uniform Commercial Code (UCC)

A

The UCC facilitates commerce among states by providing a uniform set of rules governing commercial transactions
Created from the NCCUSL and American Law Institute

44
Q

Statute of Limitations

A

A statute that puts a time limit on a contract

ex. You have 2 years to sue for health problems after an accident

45
Q

Plaintiff

A

One who initiates a lawsuit

46
Q

Defendant

A

One against whom a lawsuit is brought, or the accused person in a criminal proceeding

47
Q

Substantive Law

A

Law that defines, describes, and creates legal right =s and obligations

48
Q

Procedural Law

A

Law that establishes the methods of enforcing the rights established by substantive law

49
Q

Binding Authority

A

Any source of law that a court must follow when deciding a case
Like the constitution or any laws

50
Q

Persuasive Authority

A

Any legal authority or source of law that a court may look to for guidance but need not to follow

51
Q

Bad Frog Brewery, Inc v. New York State Liquor Authority

A

NSLA does not approve brand label with “gesture”
Bad frog filed suit in federal district court
Appellate court after appeals rules denial of bad frog violates the first amendment of free speech
The ban on the use of labels lacked a “reasonable fit” with the states attempt to shield minors from vulgarity

52
Q

Establishment Clause

A

Prohibits the government from establishing any state sponsored religion

53
Q

Free Exercise Clause

A

Prohibits government interaction with peoples religious practices

54
Q

Due Process

A

Everybody getting violated

No person shall be deprived of life, liberty, or property without due process of the law

55
Q

Case Law

A

The rules announced in court decisions

Interprets statutes, regulations, constitutional provisions, and other case law

56
Q

Case Law

A

The rules announced in court decisions

Interprets statutes, regulations, constitutional provisions, and other case law

57
Q

Common Law

A

Law

Business (6 decks)

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